CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
to order the attendance of a witness for cross-exam- ination (which is expected to be exercised sparingly). 7.2 Case Management Hearings The CPR include specific provisions in relation to case management for both interim applications and the main proceedings. Interim applications are fixed by the Court Registry for a “procedural directions hearing” in the course of which the court sets out the timetable for the trial of the application and deadlines for the filing of the opposition, any supplementary affidavits, any cross- examination application and the written submissions of the parties. As regards the main proceedings, the parties are required to file a questionnaire within 28 days of the date on which the pleadings are considered closed, and the case will be fixed before the judge for “prelimi- nary case management”. At this stage, the court will classify the claim as a small claim (under EUR10,000) or an ordinary claim (above EUR10,000). A claim classified as ordinary is then fixed for a “case management hearing” in the course of which the court gives directions and sets out the timetable for the filing of document disclosure affidavits, production of docu- ments and exchange of witness statements and sup- plementary witness statements. In addition, the court determines whether any matter or matters should be determined as a preliminary matter before trial and fixes a “preliminary hearing” date as well as dates for the main trial. 7.3 Jury Trials in Civil Cases Jury trials are not available in Cyprus. 7.4 Rules That Govern Admission of Evidence The general rules governing admissibility of evidence are that the evidence adduced before the court should be relevant to the matters in dispute and that the par- ties should present the best available evidence. Hear- say evidence is admissible in Cyprus and it is up to the court to assess its probative value and reliabil- ity. Evidence obtained in violation of the provisions of the Constitution (including the provisions protect- ing human rights) will not be admitted under any cir-
cumstances. If the illegality of the manner in which evidence is obtained does not involve a violation of the provisions of the Constitution, the court has a dis- cretion to admit or exclude the evidence depending, among other things, on the circumstances and the seriousness of the illegality. The CPR provides that the Court has the power to control the evidence adduced by giving directions in relation to the issues that the evidence should cover, the nature of the evidence required to consider the matters in question, and the way in which such evi- dence will be presented to the Court. The Court also has the power to exclude evidence and limit the cross- examination. 7.5 Expert Testimony The CPR provide that expert evidence can only be adduced with the court’s permission, which is to be given only if the court is persuaded that the evidence proposed to be adduced will assist the court and that the granting of permission to adduce such evidence would be consistent with the “overriding objective”. The Court also has the power to seek expert evidence on its own motion. Expert witnesses have a duty to provide objective and impartial evidence on matters that fall within their area of expertise, enabling the court to judge the accuracy of their conclusions and to formulate an independent view on their application to the facts. 7.6 Extent to Which Hearings Are Open to the Public The general rule is that all court hearings are open to the public. Article 30 of the Constitution of the Repub- lic of Cyprus, which entrenches the right of every per- son to a public hearing, provides that the public may be excluded from all or any part of court proceedings upon a decision of the court where it is in the inter- est of the security of the Republic, the constitutional order, public order, the public safety or public morals, or where the interests of juveniles or the protection of the private life of the parties so require, as well as in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice.
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